Pepperstone Platform Terms of Use and Demo Terms

Version: 1

Review: Annual

Date Updated: November 2023

Introduction

Pepperstone is the trading name of the Pepperstone group of companies, including Pepperstone Group Limited (ACN 147 055 703), Pepperstone EU Limited (Company number HE 398429), Pepperstone Limited (Company number 8965105), Pepperstone GmbH (Company number HRB 91279), Pepperstone Financial Services (DIFC) Limited (Registered Number: 3460), Pepperstone Markets Limited (IBC No. 177174 B), Pepperstone Markets Kenya Ltd (PVT-PJU7Q8K) and their related companies (‘Pepperstone’, ‘we’, ‘us’ and ‘our’).

The Pepperstone Platform allows you to trade over the counter derivatives (OTC-derivatives) with Pepperstone on compatible devices, over the internet or through an App (Platform) in a live or demo environment. Your access to and use of the Pepperstone Platform is subject to these terms of use, and any notices, disclaimers or other statements contained in the Pepperstone Platform (referred to collectively as ‘Terms’). By downloading or using the Pepperstone Platform, you agree to be subject to these Terms. If you do not agree to these Terms, you must not use the Pepperstone Platform.

You should also take into account our additional website terms relating to your privacy and our use of cookies to enhance your web browsing experience.

If you decide to open a live Pepperstone Platform account, your dealings with us will also be governed by the applicable client terms and conditions depending on which Pepperstone entity you hold your trading account with and the regulations that apply to you (‘Client Agreement’).

1. Terms of Use

Access and Use

You must be 18 years of age or older to use the Pepperstone Platform.

The information on the Pepperstone Platform isn’t intended for distribution to, or use by, any person in any country or jurisdiction where its distribution or use would be contrary to local law or regulation. Users of the Pepperstone Platform are responsible for ascertaining the terms of and complying with any local law or regulation that they’re subject to.

When using the Pepperstone Platform you must not:

a. copy, rent, re-distribute, re-sell, re-transmit, publish, sub-licence, disclose, display or make commercial use of the Pepperstone Platform or any content or data provided within the Pepperstone Platform;

b. make it available to a third party;

c. use it in violation of these Terms and/or any applicable laws and regulations;

d. process, send or store prohibited information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs;

e. circumvent or disable any digital rights management, usage rules, or other security features; or

f. otherwise attempt to gain unauthorised access to, or disrupt the integrity or performance of such.

You acknowledge and agree that you are not a prohibited or restricted party by any government or located in a region that is the subject of any embargo, sanction or otherwise listed as a terrorist support region.

You should not allow anyone else to use the Pepperstone Platform and/or pretend to be you, on any device, whether through sharing account login details, family sharing or other similar means. If you are or wish to use a trading agent, please contact us to ensure the appropriate authority is provided. You are entirely responsible for the use of Pepperstone Platform on your device(s), the security of your device(s) and all login details. You must contact Pepperstone should you lose or have your device(s) or login details compromised or stolen.

Accuracy of information

Although the content of the Pepperstone Platform is based on information that we consider to be reliable and endeavor to keep current, we don’t warrant that any information on the Pepperstone Platform is current or accurate. To the extent permitted by law, we don’t accept any responsibility arising in any way from errors in, or omissions from, the information on the Pepperstone Platform.

General information only

The information on the Pepperstone Platform is general in nature and doesn’t take into account your personal investment objectives, financial situation or means.

The information on the Pepperstone Platform doesn’t constitute a recommendation that you enter into a particular transaction, nor is it a representation that any product described on the Pepperstone Platform is suitable or appropriate for you.

Pepperstone isn’t a financial advisor. None of the material contained on the Pepperstone Platform should be construed as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice, nor should you use the content of this website as the primary basis for any investment decisions that you make.

We encourage you to seek independent advice before deciding whether to acquire our services.

Please ensure that you read and understand the applicable Client Agreement before you decide whether to use our services.

Market data and other third party information

From time to time, the Pepperstone Platform may contain links to other websites or information and resources provided by third parties, including market data.

The following terms apply to third party information that we share on this website:

• the information is provided solely for your information and convenience;
• any market data is indicative only and we make no representations or warranties about the accuracy or completeness of any third party information;
• neither we nor the third party provider are responsible or liable for any actions that you take or don’t take in reliance on the third party information; and
• you’re not permitted to copy, publish, re-distribute or display any of the third party information that you access on our website to any other person.

Disclaimer and limitation of liability

Using the Pepperstone Platform on your device may incur additional data costs imposed by your mobile service provider and will be subject to network connectivity. We do not warrant that the operation of the Pepperstone Platform will be uninterrupted or entirely error-free. Using electronic communication networks and infrastructure is subject to inherent risks, including but not limited to delays, interruptions, and failures. While we strive to provide a reliable and secure Pepperstone Platform, we do not guarantee the continuous availability or reliability of the Pepperstone Platform. You acknowledge and agree that we shall not be liable for any losses, damages, or inconveniences arising from communication failures, including but not limited to trade execution delays, order transmission errors, or inaccurate market data. For example, due to service connectivity issues, there may be delays, errors or failures, with results that include, but are not limited to, an inability for you to place orders, inaccurate information including price and/or quote information or a delay in receipt of information from or to your device. You agree that you will not attempt to hold Pepperstone liable for any damages related to any of the above issues or any other related issues with the use of the Pepperstone Platform.

To the extent permitted at law and except as set out in these Terms and the Client Agreement, we do not provide any warranties and disclaim all liability to you for any loss or damage you may incur in using the Pepperstone Platform. The Pepperstone Platform is provided on an “as is” basis, without any express or implied warranty or guarantee from us and we don’t promise that it’s fit for a particular purpose.

Indemnity

You agree to indemnify, defend and hold Pepperstone harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered Pepperstone in connection with your use of the Pepperstone Platform in breach of these Terms or negligence.

Third Parties

Nothing in these Terms seeks to alter or change the terms and conditions you have agreed with and obligations you owe to any device manufacturer, network service provider and/or providers of App stores through which you have obtained any devices, mobile services or downloaded Apps. At all times, you will continue to comply with all terms and conditions applicable to the devices on which you install the Pepperstone Platform.

Support and Maintenance

Except for making the Pepperstone Platform available to users through their respective App stores, Apple and/or Google, are not responsible for the operation, support or maintenance of the Pepperstone Platform itself. Pepperstone, as the platform developer, remains responsible for the operations, maintenance and support of the Pepperstone Platform. You should contact us with any concerns or issues:

Email: support@pepperstone.com

General

We may, at our discretion, suspend or terminate your access to the Pepperstone Platform immediately and without notice for any reason, including without limitation, if we are concerned that you are breaching any of these Terms, the Client Agreement, using the Pepperstone Platform in an unauthorised, unlawful or fraudulent way or otherwise acting in such a way that would put our operations at risk.

These Terms (and for live account holders the applicable Client Agreement) contain the entire agreement between you and us relating to your access and use of the Pepperstone Platform. In the event of any conflict between these Terms and the Client Agreement, the Client Agreement will prevail.

We amend these Terms from time to time. Every time you wish to use the Pepperstone Platform, please check these Terms to ensure you understand the terms that apply at that time.

These Terms shall be governed by the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of that place.

2. Demo Terms and Conditions

The demo is a risk-free simulation of the Pepperstone Platform. We grant you a personal, non-exclusive, revocable and non-transferable licence, to access and make personal and non-commercial use of the Pepperstone Platform for the limited purpose of trialing trading in OTC-derivatives in accordance with these Terms. No other rights are granted in respect of the Pepperstone Platform.

The demo Pepperstone Platform is for demonstration purposes only and any trades you place do not create any rights or obligations between us and you. The information, content and functionality including pricing and order execution of the demo Pepperstone Platform may differ from the live Pepperstone Platform.

Pepperstone does not warrant that any information, content or functionality of the demo Pepperstone Platform will display, operate or otherwise perform in the same way as the live Pepperstone Platform.

The products and services described on the demo Pepperstone Platform vary from time to time and may not always be available or may be restricted. Due to local restrictions, certain products available on the demo Pepperstone Platform are not available on the live Pepperstone Platform.